Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Substitution - Application filed after 90 days of limitation alongwith delay condonation application - No formal prayer for setting aside abatement made - Application for substitution of L.R's to be treated as an application to set aside abatement...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Petition for eviction of tenant - Ejectment ordered - Appeal by tenant - Tenant expired - Legal heirs impleaded - Appeal dismissed - Revision by two legal heirs - One of the legal heir impleaded as performa respondent - Compromise between revisionist and landlord - Revision dismissed as withdrawn - Application by other..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - One L.R. on the basis of Will representing the estate of deceased plaintiff - The impleadment of LRs is only to continue with the proceedings initiated by plaintiff - Inter se dispute regarding estate of deceased plaintiff is not subject matter of the present proceedings - Decree passed is to enure to the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of legal representative - Purpose - Plaintiff died - Impleadment as LRs sought on the basis of unregistered will - Objected to on the premise that in the absence of proof of will, legal representative cannot continue suit/appeal - Legal representatives impleaded only to continue with the lis initiated by the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of legal representative - Scope of adjudication - Legal heirs are required to be impleaded to continue with the cause of action initiated - Question whether applicants are the legal heirs of deceased, not an issue to be adjudicated in the main suit - All inter se disputes regarding estate of deceased cannot be made..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of co-plaintiff - L.R's not impleaded within time - Suit abated - Setting aside abate - Sufficient cause - In application for impleading L.R's and setting aside abatement date or time of death or knowledge of appellant about the death of deceased plaintiff not mentioned - Appellant negligent so far as proceedings of..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Legal representatives - Substitution - Exemption from - Application U.O.22.R.4(4) can be moved even after abatement of suit...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Legal representatives - Substitution - Exemption from - Court has to exercise its discretion judicially for granting or refusing to grant the exemption...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objection - Respondent in appeal is not required to file memorandum of cross objection to support the decree which is in his favour and to challenge any particular finding against him - Memorandum of cross objection is needed if he claims any relief which had been negatived by trial Court and in addition to what he has..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........
